OH - Pike Co - 8 in Rhoden Family Murdered Over Custody Issue - 4 Members Wagner Family Arrested #80

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Afternoon thread for Wagner trial with Jake on the stand. Defense got to cross examine starting at about 2:30 and went at him aggressively.
@local12

Defense lawyer John Parker in aggressive cross-examination trying to rattle Jake by asking how he felt “getting the best plea deal in the history of the state of Ohio.” Objection by prosecution, but later got it in. Jake: “I wasn’t aware it was the best deal ever.”
@local12

Parker also tried to get Jake to admit to moving the bodies of Chris Rhoden Sr. and his cousin Gary Rhoden. Jake didn’t change his story. But Jake also disclosed for the first time that father Billy also shot Frankie Rhoden after he did.
@local12

Jake also said that George Wagner initially didn't want to go along with murder plan and was reluctant to participate. But he said that he was unaware if George went along to protect Jake from his father Billy.
@local12


Jake said he saw Chris Sr. on floor and Gary in the recliner dead with shots to head when he went into trailer first time. When he went in second time, he said bodies were moved into bedroom.
@local12


Before cross, prosecutor Angela Canepa finished her direct by going through all of the plea agreements Jake had reached and he said he did so willingly. He also admitted asking Hanna to spy on George's ex Tabitha Claytor.
@local12

But he also said that the entire family helped plan, execute and cover up the murders, including his father, mother and brother George.
@local12
 
10/26/2022SUBPOENA ISSUED ON GREGORY W MYERS AND WILLIAM J MOONEY

So the subpoena must have been done this morning because I saw this on the docket before lunch break or just after lunch.

I assumed it was something to do with the hearing this morning so didn't look into it further. I didn't know this was Jake's attorneys, I thought maybe one of these people was the jailer they called to speak about Jake's safety or safety concerns. So this is actually the subpoena for Jake's attorneys and it was filed before cross started. Maybe it's just standard to have a hearing to review notes from a co conspirators lawyers if the co conspirator takes a deal?
 
Jmo but some of info coming from reporters are confusing. Some I read Jake says all three there then others speak of Jake and Billy. One stated Billy pulled over on way to Chris to make sure Jake wanted to do it and Jake said yes. Odd didn’t state he asked them both if they wanted to do it. Jmo then one stated all three in F in other states like only billy and Jake in F. But it just like when I heard testimony last week, I took it one way and others took it another way. Jmo
 
https://twitter.com/jamespilcher


Quick recap of morning in George Wagner IV trial in Pike Co. Was in courtroom all morning with no phone. Judge ruled Jake could continue to opt out in morning hearing. Later the appeals court clarified its ruling from yesterday, saying people could continue to opt out

Jake retook the stand at about 10:30 a.m. and testified for 20 minutes before another delay - the fire marshall was called for possible overcrowding in the courtroom. Proceedings continued until 12:30 - and back at 1:45 p.m.

Highlights of today included seeing the actual murder weapons for the first time. Jake identified all the parts from all three guns he had cut up and that were recovered from the cement buckets in lake at Flying W ranch.

Jake testified he told his father he had no regrets about the homicides but that he lied because he didn't want his father to think he did something that wasn't worth it and then commit suicide.

He said he was arrested in November 2018. Soon after that, his grandmother Rita Newcomb recanted and admitted she didn't notarize the custody documents. He said that affected him and made him not want to lie anymore.

"It seemed like it was the answer I was looking for -- that it was an answer from God?" prosecutor asked. "It was what I was praying for." Rita had pleaded guilty in December 2019 - shortly thereafter, Jake confessed to his lawyers "to get it off my chest.”

Jake's lawyers eventually approached prosecution about possible deal - that was reached in March/April 2021. He actually entered his plea April 21, 2021 - the five year anniversary of the murders.

Jake told investigators where to find the murder weapons and then the truck they used - he knew his father had given it to his cousin Katie in Athens Ohio.

Items in those concrete buckets included not only the guns and parts, but live ammo for .40 caliber Glock, as well as 9 mm - the kind he used in the Beretta when he test fired the silencer that ruined that gun.

There was also a lot of discussion about what the two brothers talked about in the R&L truck we know was bugged. Jake admitted saying "I know you're listening Ryan" in the truck referring to lead BCI agent Ryan Scheiderer

He also recounted brother George getting a text from BCI with the picture of Jake holding the 1911 they recovered from the laptop. They then immediately called off work "for a family emergency."

Afternoon thread for Wagner trial with Jake on the stand. Defense got to cross examine starting at about 2:30 and went at him aggressively.

Defense lawyer John Parker in aggressive cross-examination trying to rattle Jake by asking how he felt “getting the best plea deal in the history of the state of Ohio.” Objection by prosecution, but later got it in. Jake: “I wasn’t aware it was the best deal ever.”

Parker also tried to get Jake to admit to moving the bodies of Chris Rhoden Sr. and his cousin Gary Rhoden. Jake didn’t change his story. But Jake also disclosed for the first time that father Billy also shot Frankie Rhoden after he did.

Jake also said that George Wagner initially didn't want to go along with murder plan and was reluctant to participate. But he said that he was unaware if George went along to protect Jake from his father Billy.

Jake said he saw Chris Sr. on floor and Gary in the recliner dead with shots to head when he went into trailer first time. When he went in second time, he said bodies were moved into bedroom.

Before cross, prosecutor Angela Canepa finished her direct by going through all of the plea agreements Jake had reached and he said he did so willingly. He also admitted asking Hanna to spy on George's ex Tabitha Claytor.

But he also said that the entire family helped plan, execute and cover up the murders, including his father, mother and brother George.
 
Jmo but some of info coming from reporters are confusing. Some I read Jake says all three there then others speak of Jake and Billy. One stated Billy pulled over on way to Chris to make sure Jake wanted to do it and Jake said yes. Odd didn’t state he asked them both if they wanted to do it. Jmo then one stated all three in F in other states like only billy and Jake in F. But it just like when I heard testimony last week, I took it one way and others took it another way. Jmo
I take this to mean this was Jake's call if they carried this out or not. He had final say and if he decided no, then they would call it off.

I also think when the defense questions him it will highly focus on Billy and Jake.. they don't think George was there so I doubt the defense will ask about George or even mention his name or ask questions that cause Jake to say Georges name. They are trying to remove George from participating.
 
No problem. I think you probably pretty close to correct on the rest. The Appeals Court decision really didn't make much sense. The law allows witnesses to opt out. I've never seen a law like that, but that doesn't matter. The Appellate court put the burden on witnesses to assert that right. But further more, the motion was brought by media, non-parties to the case. And the issue is a decision made by witnesses, also non-parties to the case. The Appellate Court decision was threatening to derail or at least inhibit a major criminal case because of an argument between non-parties. I wonder if the Trial Court's attorney or someone from someone higher in the Ohio Judiciary didn't send them a message saying "what do you think you're doing?"
That was a screwed up ruling that made no sense and wasn’t possible for the most part…
 
No, I think the defense will try to get it off the rail. Then on re direct AC will clear up anything that was left in limbo.

Jake, did you initially say you did it all because you wanted to protect your family? Did you feel it ws your fault because the motive was Sophia? Yes, Yes, Yes.

I think the nature of the initial "lies" will matter. He was attempting to take the burden off his family.

He was not trying to deny responsibility and pin it all on someone else. I think this will be what keeps the jurors believing him. If he is as matter of fact as tweets suggest he is in stating what happened. I think he will be believable. So unless he gets on the stand and starts telling multiple versions, I think his testimony will be fine.

What he initially said in the proffer was a version of the truth. Then upon showing him evidence that he was not the only shooter he was forced to say in fact his dad did shoot. He was trying to take the full blame and then walked back from that not because the prosecutors didn't know what happened, but because they DID know and he realized he couldn't get off with saying he did it all.

At least this is how I would view it as a juror.

Now if he on direct said his dad shot someone and then on re direct it came out that in fact Jake did it.. I'd raise my eyebrows for sure. I don't hear that happening though. I hear a participate trying to take the blame which is likely not something that often happens. It's usually the opposite and a defendant says I didn't do it and later it's shown he did.

I hope that explains my thinking.. it makes sense in my head, but I don't always get it into words well. lol
I see it the same way. He is believable I think on most of the elements of the killings because he came to understand that the evidence wouldn't allow him to do otherwise.

As I said elsewhere here, he's less believable when he's talking about what he did or said to Hanna or what she said and did, because she can't contradict him.
 
https://twitter.com/Angenette5

We discussed this on my drive home. We need to know if the people who found Dana and Hanna May on April 22, 2016 - remember the lights being on in the home. Today, Jake Wagner said the lights in the home were on "as bright as in here". It was likely after midnight. (cont)

Jake also said Dana was awake and he believed Hanna May was sleeping when he first entered. Parker asked him "she was sleeping with the lights on?" Jake said yes. He also said he looked under Dana's door and saw the light from her phone - differs slightly from direct

Brother faced brother for a 3rd day in court today. Jake Wagner and George Wagner IV entering court this morning. Photos: Brooke LaValley-Columbus Dispatch

It seems suspect since he testified earlier that he could see both Dana and Hanna May from where he was standing in the hallway area. He could see into both rooms, he said. A lot of questions about this account from cross today

I am left with big questions after the first portion of Jake Wagner's cross-examination today. He included new details we didn't hear on direct that somewhat contradict his account of shooting Frankie Rhoden.

The guarding his safety claim is a bit of nonsense. Prisons have protective custody and are well-equipped to deal with prisoners who face threats, according to the guard who testified today. Invoking the Lucasville riots was also inappropriate

Correct. And his guilty plea is on the internet for the world to see "in perpetuity." Everyone will know when he's coming and measures will be taken to keep him safe. Prisons do this EVERY DAY. Witnesses cooperate with the state EVERY DAY.

They are technically *witnesses*. They are also co-conspirators who've admitted guilt. Rule 12 was never intended to offer protection to people who've confessed to heinous crimes
 
JMO, I think it was just the wrong solution for the problem. They wanted hearings, but they had no rules for how those hearings should work. Maybe it requires a legislative solution instead of a judicial one. How have they handled this in the past in Ohio courts? How do other states handle this? Just curious.

Just a guess, but the Appeals court used a precedent or something that worked in one situation, but was impossible to apply in another. IDK, IANAL.
Yes it was a court case where the parents wanted to protect a juvenile. That was the precedent case that determined the opt out, of every witness being given the option. That's what was being discussed today during the hearing.
 
You cannot tell me the defense didn't encourage the media!
Several media outlets covering the trial, including WCPO, jointly filed a motion in September to request that the state's main witnesses, the defendant's brother Jake and mother Angela, be denied the ability to opt out of being recorded while they testify.

Both the prosecution and the defense requested the state deny the motion and, ultimately, Deering did deny it.




 
It was said in the order from the Appeals Court that if Deering does not follow the order and allow Jake to be recorded then the Appeals Court will declare a mistrial. That is how the mistrial comes in. If the judge misbehaves then it is a mistrial for the defendant.

JMO
Where did it say that? I read the order and didn't see a reference to a mistrial
 

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Some of the things Jake is saying that we think don't line up are not things we know for sure Jake said. AC gave the opening where she stated Jake will tell you this and Jake will tell you that. I don't think AC would intentionally mistake things, but she talked for a long time.. Him seeing the light from Dana's phone could be said many ways, AC didn't say lights were on, but that doesn't mean Jake didn't say that to her in his statement. The hall light could be on and bedroom lights off.. I usually left some type of light on when I had a newborn because I'd have to get up and move around with a newborn to change diapers, go to the bathroom, walk a fussy baby around, etc. It also doesn't mean he first said lights were off and now he's saying lights are on. We don't know exactly what he said before all we have is AC's opening statement and his testimony now. We also only have tweets to rely on.

I am not saying his story is inconsistent or isn't, I'm saying we don't really know because opening statements aren't a statement directly from him and tweets are lacking in some ways.
 
We need to know if the people who found Dana and Hanna May on April 22, 2016 - remember the lights being on in the home. Today, Jake Wagner said the lights in the home were on "as bright as in here". It was likely after midnight.
It sure doesn’t sound like the lights were on when James went in DR’s bedroom.

Starts at 1:50

 
It was said in the order from the Appeals Court that if Deering does not follow the order and allow Jake to be recorded then the Appeals Court will declare a mistrial. That is how the mistrial comes in. If the judge misbehaves then it is a mistrial for the defendant.

JMO
It said that the judge had to hold a hearing to determine whether making a witness testify on camera or audio would have any detriments. He listened to the media lawyer, the prosecutor and JW's lawyer make their arguments. Then when it was time for the defendant's lawyer to speak, the judge's lawyer on speaker phone quickly called a 5 minute recess in chambers. Judge came back and JW's lawyer brings up the peril to his safety in prison if he testifies on camera or audio, then the prosecutor echoed that and said we can put on witnesses about that. They put on one witness, a prison guard who happened to be in the courtroom (for i believe JW or GWIV?) who basically said yeah "snitches get stitches" elaborating on how difficult it can become for a prisoner if they testify against cohorts especially if it's family. Judge ruled JW being recorded would put him in peril and may make him testify in a way that could be a detriment to the defense.

That's what I heard...not once did I hear the word mistrial. Maybe that was what GWIV's lawyer was going to bring up, the lawyer on speaker phone nipped it in the bud and it was only spoken about in chambers? I don't know.
 
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